MATAP MARK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) BY this writ petition, the petitioner is praying for a writ of mandamus directing the respondents to pay compensation for the land measuring about 59 bighas purported to have been taken over by the Fisheries Department, Govt. of Meghalaya, Shillong more than 20 years ago by drawing up land acquisition proceeding. There is a considerable delay of more than one decade in approaching the court by the writ petitioner for the relief sought for in the present writ petition.

(2.) HEARD Mr. HR Nath, learned counsel for the petitioner and Mr. H Kharmih, learned GA appearing for the State respondents.

(3.) THE petitioner further states that the Deputy Commissioner, East Garo Hills, Meghalaya (respondent No.4) on 08.10.2007 wrote a letter to the Director of Fisheries, Meghalaya, Shillong (respondent No.3) mentioning that after careful examination of the map and original sketch map, the excess land claimed by the petitioner comes to 59 bighas and requested the respondent No.3 to sanction a total amount of Rs.59,35,164.00/ - and to pay it to the petitioner. For claiming that after acquiring 45 bighas and 12 lessa out of 104 bighas, the Fisheries Department had possessed the remaining 59 bighas without paying any compensation, the petitioner placed heavy reliance on the said letter of the Deputy Commissioner dated 08.10.2007. Since the petitioner had placed heavy reliance on the said letter of the Deputy Commissioner dated 08.10.2007 for the relief sought for in the present writ petition, it would be more profitable and convenience to reproduce the letter hereunder: -